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Summary of the Law

CONVICTIONS Bill Text: NJ S4154 | 2018-2019 | Regular Session | Chaptered | LegiScan | Clearing your records 2020 | CCRC New Jersey

1. Misdemeanors:
   1. Expungement for disorderly person offenses (e.g. misdemeanors) upon 5 year waiting-period after completion of supervision
   2. Expungement for ordinance violations (e.g. misdemeanors) upon 2 year waiting-period after completion of supervision.
2. Felonies:
   1. Expungement for indictable offenses (e.g. felonies or crimes defined in para. 4) upon 5 year year waiting-period after completion of supervision.
3. Expungement for young drug offenders
4. Lifetime or other Limits:Only 1 expungement may be granted per person in a lifetime for four total offenses with a maximum of one being an indictable offense. (N.J. Stat. Ann. § 2C:52-2).
5. LFO payment required for sentence completion:n/a
6. Other Unmodeled Criteria or details:
   1. Non-convicted charges in a conviction case may not be expunged unless and until the conviction itself is eligible for expungement.

NON-CONVICTIONS:[Statute]N.J. Stat. Ann. § 2C:52-6

1. Expungement of records upon a finding of non-guilty. But no expungement where the dismissal, acquittal, or discharge resulted from a plea bargaining agreement involving the conviction of other charges. Once the conviction is eligible for expungement- the non- convictions will be as well § 2C:52-6(a)(3)
2. Expungement for deferred adjudication upon 6 month waiting-period of 6 months from date of judgement.
3. Non convictions not expungement if from insanity or lack of mental capacity (§ 2C52-6(d)
4. No limitation as to number of times for non convictions § 2C:52-6(a)(5).

Exclusions:

1. Expungement for Juvenile delinquency offenses upon a 5 year waiting-period after completion of supervision, except crimes for which they would be treated as an adult.
2. Otherwise ineligible offenses can receive a pardon after a 5 year waiting-period.
3. Expungement of arrests not leading to conviction are now handled by the court under expedited procedures at the time of dismissal.